Conditions of Access:
Access to the website is being granted to you in one of the following capacities, and subject to the following:
If you are interested in becoming a franchisee of Quizno’s Canada Restaurant Corporation (“Quiznos”): You may use this website and the services accessible through this website only in your capacity as a potential franchisee of Quiznos and only in a manner consistent with any instructions that you receive from Quiznos. Furthermore, you must comply with the terms and conditions set forth below as a condition of accessing this website.
If you are already a Quiznos® Franchise Owner: You may use this website only in a manner that is consistent with the provisions of the most recent Franchise Agreement entered into between you and Quiznos as well as the provisions of the Franchise Owner Operations Manual, as such may be amended by Quiznos from time to time. Furthermore, you must comply with the terms and conditions set forth below as a condition of accessing this website.
By utilizing this website and any links attached hereto, you acknowledge that you have read, understand, and agree to the Terms and Conditions and Conditions of Access set forth below.
This is a contract between you and Quiznos located at 4700 S. Syracruse Street, Suite 640, Denver, Colorado 80237, USA, or between you and any different service provider identified for a particular Quiznos service. You must read and agree to these terms before using the myquiznos.com website (the “Site”). If you do not agree, you may not use the Site. These terms describe the limited basis on which the Site is available and supersedes prior agreements or arrangements.
Quiznos is providing access to the Site only subject to your agreement to abide by these Terms & Conditions, as they may be amended from time to time by Quiznos (“Terms of Service”). We may amend these Terms of Service. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Site. Our customer service representatives are not authorized to modify any provision of these Terms of Service, either verbally or in writing. If at any time you find these Terms of Service unacceptable, you must immediately leave or not access the Site and cease all use of it. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. We may immediately terminate this contract with respect to you (including your access to the Site) if you fail to comply with any provision of these terms.
DISCLAIMER: THIS INFORMATION IS NOT INTENDED AS AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, A FRANCHISE. IT IS FOR INFORMATION PURPOSES ONLY. WE WILL NOT OFFER YOU A FRANCHISE UNLESS AND UNTIL WE HAVE COMPLIED WITH APPLICABLE PRE-SALE REGISTRATION AND DISCLOSURE REQUIREMENTS IN YOUR JURISDICTION.
- ACCESS INFORMATION. When you are required to open an account to use or access the Site, you must complete the registration process by providing complete and accurate information requested on the registration form. You are entirely responsible for maintaining the confidentiality of your user name or other information as provided to you or accepted by Quiznos (“Access Information”). You may not use Access Information of someone else at any time. You agree to notify Quiznos immediately of any unauthorized use of your Access Information and take such further steps as Quiznos may reasonably request to prevent or mitigate such unauthorized use. Quiznos and its suppliers shall not be liable for any loss that you incur as a result of someone else using your Access Information, either with or without your knowledge. You may be held liable for any losses incurred by Quiznos, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Access Information or otherwise from any unauthorized use thereof. You acknowledge and agree that the Access Information is Quiznos’ confidential and proprietary trade secret information. You agree not to disclose or misuse such Access Information. You shall take all reasonable steps to safeguard Access Information from unauthorized use or disclosure.
- USER SUBMISSIONS. You agree that Quiznos may freely use, edit, modify and exploit any content, text, feedback, best practices, recommendations, tips, concepts, artwork, ideas, comments, suggestions, or improvements, that you or other users may at any time disclose or submit to Quiznos or for display on the Site (“User Submissions”), for Quiznos’ business purposes, including for product support and development, without any obligation or payment to you. You hereby irrevocably transfer and assign to Quiznos any and all right, title and interest which may arise from User Submissions, and associated intellectual property rights, you may have now or in the future, and you hereby forever waive and agree never to assert any moral rights (including rights of paternity and attribution) or other intellectual property rights in or which may arise from User Submissions, and you will assist Quiznos in taking any actions required for Quiznos to obtain or perfect intellectual property rights in your User Submissions worldwide. User Submissions may be used by you only as part of the Quiznos franchise system and for no other purpose, should be protected by you as Quiznos confidential information, and shall not be disclosed to any third party without Quiznos’ prior written consent.
Quiznos may at its option provide a mechanism on the Site for users to submit and display User Submissions in the form of best practices, tips, recommendations, ideas, or other content or data intended by those posting such content to be used by other users of the Site at their discretion. Although Quiznos reserves the right to review and edit such User Submissions prior to general posting on the Site, Quiznos assumes no liability or responsibility for the accuracy, completeness, or wisdom of such User Submissions. ANY AND ALL USE OF USER SUBMISSIONS BY YOU IS AT YOUR OWN RISK AND EXPENSE. You hereby represent and warrant that all User Submissions you submit shall not infringe upon any third party intellectual property rights, shall not advise a practice or course of conduct contrary to any laws or regulations, and shall be, to the best of your information and belief, current, complete and accurate.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services on it, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information, data or content, including User Submissions (collectively, “Content”) in violation of any third party’s copyrights, trademarks, trade secrets, patents, privacy rights, confidentiality, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any direct, indirect, or contributory infringements of third party rights caused by any Content you provide or transmit.
- INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Quiznos reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or any services therein, and, if applicable, to delete any such material from its servers. Quiznos intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
- ALLEGED VIOLATIONS. To ensure that Quiznos provides a high-quality experience for you and for other users of the Site and the services therein, you agree that Quiznos or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Quiznos does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Quiznos reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Quiznos believes that you have violated any of the Terms of Service or other agreement between Quiznos and you, furnished Quiznos with false or misleading information, or interfered with use of the Site by others, or if your use is no longer authorized per applicable Quiznos’ policies or due to termination of applicable agreements between you and Quiznos.
- SERVICES. All of the information contained on the Site is considered confidential. You will maintain the information in confidence and will not disclose any of the information to others unless specifically authorized by Quiznos to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services on the Site. The Site and all services on it are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
- NO WARRANTIES. QUIZNOS HEREBY DISCLAIMS ALL WARRANTIES. QUIZNOS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUIZNOS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. QUIZNOS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. QUIZNOS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUIZNOS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY QUIZNOS. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000) THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- THIRD PARTY SITES. Quiznos has no control over, and no liability for any third party websites or materials, Content posted by other users of the Site, or for products and/or services offered by such third parties. Quiznos makes no guarantees about the accuracy, reliability, safety, currency, content, or quality of the information, goods or services provided by such third party vendors, sites or Content, and Quiznos assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or that was posted by other users, or for any products or services offered by third parties via use of such sites. All risk as to the use of such products, services or content rests solely with you.
- PROHIBITED USES. Quiznos imposes certain restrictions on your permissible use of the Site. You shall not use the Site in any manner that could damage, disable, overburden, or impair any Quiznos server, or the network(s) connected to any Quiznos server, or interfere with any other party’s use and enjoyment of the Site. You shall not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any Quiznos server or to any of the services on the Site, through hacking, password mining or any other means. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Quiznos in providing the Site.
- RELEASE. You agree to release and hold harmless Quiznos, its suppliers and all of their respective affiliates, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively “Released Parties”) from any and all claims, losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) your unauthorized access to, or use of, the Site or services and software available on the Site, (b) your violation of these Terms of Service, (c) your use of User Submissions or conduct engendered thereby, or (d) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Further, in the event you have a dispute with one or more Site users, you release the Released Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- EXPORT. Except for such information for which the print capability has been enabled, You may not access, download, use or export or otherwise capture any of the information contained on the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You will not attempt to circumvent any of the security features of the Site, and will not enable or allow others to access the Site.
- COPYRIGHTS & TRADEMARKS. All contents of the Site are: Copyright © 2017 The Quizno’s Master LLC. All rights reserved. Quiznos® and other related marks or logos are trademarks or registered trademarks of The Quizno’s Master LLC or its affiliates.
- GOVERNING LAW. The validity, construction, and performance of these Terms of Service, and all related disputes, shall be governed by the laws of the State of Colorado, excluding that body of law known as conflicts of laws and excluding the United Nations Convention on Contracts for the Sale of Goods. With respect to any dispute between you and Quiznos that arises with respect to these Terms of Service or your use of the Content or services within the Site, you agree to submit to the exclusive jurisdiction of any state or federal court located in Denver County, Colorado, to bring such a suit, and you waive all objections based on venue or forum non convenient with respect to such courts and you agree not to commence any legal or equitable proceeding in any other court. These Terms of Service do not amend or alter in any way any provisions of the franchise agreement(s) entered into by you (or your affiliates) and Quiznos (or its affiliates).
- SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- ASSIGNMENT. These Terms of Service shall not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without the prior written consent of Quiznos. Any such purported assignment, delegation or transfer without Quiznos’ written consent shall be null and void. Quiznos may at any time assign these Terms of Service without prior consent or notice. The Terms of Service shall be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
- NO TRADEMARKS LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Quiznos or by any third party.19. CONFIDENTIALITY. You shall retain in confidence the terms of the Terms of Service and all proprietary and confidential information transmitted to you by Quiznos. You shall safeguard proprietary and confidential information disclosed by Quiznos using the same degree of care you use to safeguard your own proprietary and confidential information but, in no event, shall you use less than a reasonable degree of care.
SUPPLEMENT: END USER LICENSE AGREEMENT FOR WEB-BASED TOOLS
QUIZNOS IS WILLING TO PERMIT THE PERSONAL USE OF SOFTWARE AND DOCUMENTATION, IF ANY, EITHER AS INSTALLED ON A PERSONAL COMPUTER AND/OR AS ACCESSED FROM A REMOTE SERVER OR AS FUNCTIONALITY OFFERED ON THE SITE (“SOFTWARE”) TO YOU (AN INDIVIDUAL PERSON AS WELL AS A SINGLE LEGAL ENTITY FOR WHOM YOU WORK, COLLECTIVELY, “YOU”) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE SITE TERMS OF SERVICE AND THIS END USER LICENSE AGREEMENT (“EULA”). THE TERM “YOU” INCLUDES ANY SIGNATORY TO A QUIZNOS® FRANCHISE AGREEMENT WITH THE QUIZNO’S MASTER LLC OR ANY OF ITS AFFILIATES. THE TERM “SOFTWARE” INCLUDES ANY UPGRADES, PATCHES, ERROR CORRECTIONS, SUPPLEMENTS OR ADD-ON COMPONENTS THAT QUIZNOS MAY LATER PROVIDE TO THE EXTENT SUCH ITEMS ARE NOT ACCOMPANIED BY A SEPARATE LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE ACCESSING, INSTALLING OR USING THE SOFTWARE. BY ACCESSING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THIS EULA, YOU MAY NOT ACCESS, INSTALL OR USE THE SOFTWARE.
The Software is Quiznos’ confidential information protected by intellectual property laws and treaties and is licensed, not sold.
Subject to Your compliance with this EULA, to the extent of Quiznos’ intellectual property rights in the Software, You are granted a non-transferable, non-sublicensable and non-exclusive license to, upon submission of valid Access Information, install (if applicable), access and use a single copy of the Software on a single personal computer, and to make print outs, for Your internal use only and not for distribution, in accordance with personal use of the Software. No other right or license is granted hereunder, and no other right or license shall be implied by conduct or otherwise.
You shall not copy, modify, publish, transmit, display, perform, create derivative works from, make improvements of, distribute or share use of the Software with others, or sublicense, rent, lease, or commercially host the Software.
All rights not expressly granted in Section 1.1 are reserved to Quiznos. Quiznos and/or its suppliers retains all right, title and interest in the Software, including its organization, user interface and presentation, and all associated intellectual property rights. You acknowledge that the structure, sequence, user interface, presentation, organization and code of the Software are the valuable trade secrets and copyrighted confidential information of Quiznos and its licensors.
You acknowledge and agree that unauthorized use, reproduction or distribution of the Software and Access Information could cause substantial and irreparable injury to Quiznos, the extent of which would be difficult to ascertain, and that as such Quiznos shall be entitled to seek immediate injunctive relief in any court of competent jurisdiction under the applicable laws thereof.
The Software is licensed as a single product. The Software’s component parts shall not be separated for use on more than one computer.
You shall not reverse engineer, modify, decompile, disassemble or otherwise attempt to derive the source code or other information from the Software.
Without prejudice to any other Quiznos’ rights or remedies, the rights set forth in Section 1.1 above shall automatically terminate if You fail to comply with the terms and conditions of this or any other related agreement with Quiznos or any Quiznos affiliated company. In addition, such rights shall terminate in the event of termination or expiration of a franchise agreement between The Quizno’s Master LLC (or any of its affiliates) and You, if any. In such event, You immediately must destroy all copies and/or cease all use of the Software. Quiznos reserves the right to terminate all use of or access to the Software at any time.
It shall be Your sole responsibility to ensure that data generated by You and that You upload or incorporate for use with or processing by the Software is protected from unauthorized use or disclosure. Further, You shall be solely responsible for providing and maintaining all hardware, software, and network connectivity as may be required for use of the Software.
You acknowledge and agree that Quiznos may at any time, with or without notice, terminate this EULA, modify, temporarily or permanently, the Software in whole or in part, or suspend or terminate access to the Software altogether.
Quiznos shall not be liable for any failure, delays, unavailability, or errors of the Software and availability of data processed by the Software caused by events beyond Quiznos’ reasonable control, including network disruptions, acts of war, natural disasters, changes in law, labor disputes or work stoppages, terrorist or military actions, civil disturbances, etc.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUIZNOS AND ITS SUPPLIERS PROVIDE THE SOFTWARE TO YOU “AS IS” AND WITH ALL FAULTS, AND QUIZNOS AND ITS SUPPLIERS DISCLAIM WITH RESPECT TO THE SOFTWARE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, OR USE OF THE RESULTS, DATA OR OUTCOMES GENERATED OR SUGGESTED BY THE SOFTWARE, REMAINS WITH YOU; QUIZNOS DOES NOT REPRESENT OR WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. QUIZNOS DOES NOT REPRESENT OR WARRANT THAT USE OF THE SOFTWARE WILL MEET YOUR PURPOSES OR OBJECTIVES. QUIZNOS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES CAUSED IN WHOLE OR IN PART BY SOFTWARE OR HARDWARE PROVIDED BY PARTIES OTHER THAN QUIZNOS. AS THE DATA AND BUSINESS LOGIC TO BE USED IN CONJUNCTION WITH THE SOFTWARE IS GENERATED SOLELY BY YOU, QUIZNOS SHALL NOT BE LIABLE IN ANY WAY UNDER ANY THEORY OF LIABILITY FOR INACCURACY OR INCOMPLETENESS OF THE DATA.
NOTHING CONTAINED IN THIS EULA, QUIZNOS’ WEBSITE(S), OR THE SOFTWARE IS INTENDED TO RENDER LEGAL, BUSINESS OR FINANCIAL ADVICE FROM QUIZNOS TO YOU, AND NO SUCH LEGAL, BUSINESS OR FINANCIAL ADVICE SHALL BE INFERRED FROM ANY OF THE FOREGOING. YOU ARE WHOLLY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL LAWS, RULES OR REGULATIONS APPLICABLE TO YOUR ACTIVITIES AND OPERATIONS. THE SOFTWARE IS NOT INTENDED TO REPLACE YOUR OWN BUSINESS JUDGMENT, AND ITS USEFULNESS AND ACCURACY OF RESULTS DEPENDS ON THE ACCURACY AND COMPLETENESS OF THE DATA AND BUSINESS LOGIC YOU INPUT.